Presidential Immunity in the US: The Supreme Court’s Shocking Decision
- Louise Pedersen, Head of Research and Analysis, Engage Politica (8/3/24)
The United States’ Supreme Court recently reached a landmark decision in former President Trump’s criminal case- ruling that the former President ought to retain broad immunity from prosecution while acts in office. Legal experts fear this ruling effectively places the President above the law.
The consequences of this decision are crucial not only to the former President’s fate, but the future of the country.
The Decision
Donald Trump was indicted (formally accused) in August of 2023. He was charged with four crimes related to his attempts to overturn the 2020 election. Trump’s legal team utilized an argument previously thought to be in direct violation of the Constitution- that a President ought to be completely immune from any unlawful acts during their time in office.
This is evidently contrary to the checks and balances system on which the United States relies. This system requires that no branch of the government (including the executive, judicial and legislative) shall have more power than either of the other branches.
This defense was rejected in lower courts, but America’s highest court reached an unprecedented conclusion, ruling that the president would have broad immunity except for narrow circumstances. In fact, the ruling states quite clearly “The nature of presidential power entitles a former President to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority.” It entitles him to “At least presumptive immunity for prosecution for all his official acts” but not for unofficial acts. American citizens and scholars alike have expressed concern for the gray area associated with these definitions, and are haunted by questions regarding the extent of this immunity.
Breaking It Down
Essentially, this ruling dictates that a president can not be held liable for any action that utilizes Presidential powers.
Sonya Sotomayer, one of the Supreme Court Justices who voted against the ruling, expressed concern for this in her dissension. She states “When he uses his official powers in any way, under the majority’s reasoning, he will now be insulated from criminal prosecution... orders the Navy’s Seal Team 6 to assassinate a political rival? Immune. Organizes a military coup to hold onto power? Immune. Takes a bribe in exchange for a pardon. Immune. Immune, immune, immune.” It does explain that not everything the President does is official, and unofficial acts aren’t protected. Now we face a crucial uncertainty, regarding where official acts end and criminal acts begin. After all, according to the Supreme Court's ruling, the two can never be one and the same.
What’s Next?
Donald Trump’s legal troubles are far from over. The case was handed back to the U.S district court in Washington D.C, to resolve questions about the former president’s presumed immunity. Judge Tanya Chutkan will determine which acts are official and thus free from criminal liability, and which are veritably unprotected. It is unlikely this investigation will resume before the next presidential election in November. However, Donald Trump is already scheduled to be
sentenced on September 18th, as a jury in New York recently convicted him of falsifying business records in a separate trial. He also faces felony charges in multiple other states.
But the outcome of the case against Donald Trump is just a thread in a much larger canvas. The Supreme Court has set a precedent that many believe to be in direct violation of the US Constitution, and the values upon which the United States was built. Lawmakers have already proposed amendments to essentially reverse this declaration, including one from the current president, Joe Biden. This proposal has been dubbed “The No One is Above The Law Amendment.” However, some commentators have criticized its content, as the amendment comes with some contentious additions. Among these features- a long debated implementation of term limits for Supreme Court Justices.
Only time will tell what Lady Justice has in store for Donald Trump, but outraged citizens can take solace in the assertion that the former president is not immune from the consequences of his actions outside the White House. Similarly, we are not immune from the consequences of this ruling and how we choose to address it. The functionality of the US Government depends on the checksandbalancessystem, andprotectingthisfunctionalitymustbeconsideredanissueofthe utmost importance.
References
https://www.aclu.org/news/civil-liberties/supreme-court-grants-trump-future-presidents-a-blank- check-to-break-the-law - the case against Trump and the decision
https://abcnews.go.com/Politics/presidential-immunity-ruling-presidential-power-democratic-nor ms/story?id=111612285 - The Ruling and possible consequences
- A Legal Expert breaks down the ruling
https://www.usatoday.com/story/news/politics/elections/2024/08/03/trump-felony-election-case- hearing-chutkan/74658095007/ - Trump’s various charges and what comes next
https://www.whitehouse.gov/briefing-room/statements-releases/2024/07/29/fact-sheet-president- biden-announces-bold-plan-to-reform-the-supreme-court-and-ensure-no-president-is-above-the-l aw/- Biden’s Amendment